2024 PLP (C (PLC(CS))

ALI BAIG, C.J.

Through the instant writ petition filed under Article 86(2) of the Government of Gilgit-Baltistan Order, 2018, the petitioner being contingent paid staff has sought regularization of his service as Motor Vehicle Examiner (MVE) (BPS-14) in Excise and Taxation Department Gilgit-Baltistan.

2. The writ petition of the petitioner was admitted for regular hearing on 19-9-2022 and notice were issued to the respondents accordingly. After attendance of the respondents before the Court through Dy. Advocate General and Legal Advisor, the respondents filed their joint para-wise comments on 3-4-2023, wherein they have denied the contentions of the petitioner and raised certain preliminary/legal objections inter alia that the petitioner being contingent paid staff of Class-IV cadre is not entitled to be appointed against the post of MVE (BPS-14).

3. The learned counsel for the petitioner argued that the petitioner is performing his duty as contingent paid staff since 2016 in Excise and Taxation Office Ghizer where he still works as MVE. The learned counsel for the petitioner further argued that the petitioner is also land donor for construction of Excise and Taxation Office Ghizer and the DC Ghizer has also recommended the petitioner for regularization of his service against the post of MVE. The learned counsel for the petitioner further argued that the ETO Ghizer has also recommended the petitioner for his meritorious service as MVE. The learned counsel for the petitioner further argued that the post of MVE (BPS-14) is still vacant in Excise and Taxation Office Ghizer, but the respondents are acting discriminately, hence by accepting this writ petition, the respondents may be directed to regularize the service of the petitioner against the vacant post of MVE (BPS-14).

4. On the other hand, the learned Dy. Advocate General and L.A controverted the arguments advanced by the learned counsel for the petitioner and contended that the petitioner was initially appointed as contingent paid employee without mentioning his designation, hence the petitioner cannot claim his regularization against the post of MVE (BPS-14). The learned DAG and L.A further contended that the petitioner is not working against the post of MVE (BPS-14), rather the ETO Ghizer has temporarily assigned the charge of the post on need basis, which does not confer any right to the petitioner for regularization of his service as MVE. The learned DAG and L.A for the respondents further contended that under section 5 of the GB Regularization of Services Act, 2020, the service of contingent paid staff is only regularized after creation of new post by getting concurrence from Federal Finance Division, as the case of the petitioner does not fall within the ambit of ibid act. The learned DAG and L.A further contended that the instant writ petition being devoid of merit is not maintainable and liable to be dismissed.

5. We have heard the arguments advanced by the learned counsel for the parties and perused the record of the case with their able assistance.

6. Perusal of record reveals that the petitioner was initially appointed by the respondents as contingent paid staff for a period of six months w.e.f 01.01.2017 to 30.06.2017 at a fixed pay of Rs.7,000/- per month, vide office order dated 28th December, 2016 issued by Excise and Taxation Officer (Admin). The contingent service of the petitioner has been extending by the respondents from time to time. Hence the service status of the petitioner as contingent paid staff is not controversial and the respondents have also admitted this fact in their para-wise comments.

7. Vide letter No.E&T-GZR-Admin-1(15)/2010-21 dated 11.05.2022 addressed to the Deputy Director, Excise and Taxation Department GB, the ETO District Ghizer has highly recommended the petitioner for regularization of his service against the vacant post of MVE (BPS-14) as the petitioner fulfills the criteria as required for the post of MVE (BPS-14). The ETO District Ghizer has further added in the above referred letter that the present petitioner is working as MVE for the last six months and he has acquired ample experience in matters related to physical examination of vehicles.

8. Moreover, the Deputy Commissioner Ghizer vide his letter No.Estt-1(70)/231 dated 12th January 2017 addressed to the Secretary, Excise and Taxation GB has also requested the respondent No.3 to provide employment to the petitioner being most deserving and poor person on the ground that the petitioner is land donor as he has provided land for construction of Excise and Taxation Office, Ghizer. Furthermore, the post of MVE (BPS-14) is still vacant in ETO Ghizer. Hence the regularization case of the petitioner needs consideration by the answering respondents under the relevant provisions of the Gilgit-Baltistan Regularization of Services Act, 2020.

9. We in the circumstances deem it fit and proper to refer the matter to the regularization committee to consider the regularization case of the petitioner in the light of recommendations of ETO Ghizer as stated herein above.

10. This writ petition along with C.M. No. 884/2022 is disposed-off accordingly. File. MQ/109/GB Order accordingly.